Makes a statutory appropriation for implementation of the act as follows: For fiscal year 2001-02, appropriates $69,467 from the capital construction fund to the corrections expansion reserve fund; and for fiscal years 2002-03 and 2004-05, appropriates $23,833 to the department of corrections from the general fund for the implementation of the act.
APPROVED by Governor May 30, 2001
EFFECTIVE July 1, 2001
S.B. 01-73 Tobacco products - prevention of sales to minors - licensing - appropriation. Directs the division of liquor enforcement within the department of revenue ("division") to perform at least the minimum number of random inspections of businesses that sell cigarettes and tobacco products at retail as required by federal regulations. Instructs the division to apply for a grant from the tobacco education, prevention, and cessation program to fund the inspections.
In determining the penalty for violations of statutes prohibiting the sale of cigarettes and tobacco products to minors, expands from 12 months to 24 months the applicable period for determining subsequent violations. Increases the penalty from a written warning to a $25 fine for a first offense of selling cigarettes or tobacco products through a vending machine. Extends to 2011 the division's authority to enforce laws prohibiting the sale of cigarettes and tobacco products to minors.
Requires wholesalers of cigarettes and distributors of tobacco products to include in their renewal applications specified information concerning persons who purchased cigarettes or tobacco products for resale from the wholesaler or distributor during the 12-month period preceding the application. Allows the department of revenue to share certain items of the specified information with the department of public health and environment and county and district health departments. To determine the accuracy and completeness of the information provided, directs the state auditor, by July 1, 2004, to audit the procedures used by wholesalers and distributors to provide the specified information.
For juveniles convicted of or adjudicated for a first offense of purchasing or attempting to purchase cigarettes or other tobacco products, allows the court, in lieu of a fine, to sentence the juvenile to participate in a tobacco education program. For any juvenile who is fined for purchasing or attempting to purchase cigarettes or other tobacco products, limits the amount of credit the minor may receive for performing community service to 50% of the fine and fees.
Appropriates, out of any moneys the department of revenue may receive from a grant from the tobacco education, prevention, and cessation program, $321,630, and 5.0 FTE, to the division for costs incurred in conducting random inspections of businesses that sell cigarettes and tobacco products, and further appropriates $5,860 and 0.1 FTE, from said moneys to the department of law for the provision of legal services. Appropriates out of the general fund $150,971 and 2.5 FTE, to the division for costs incurred in implementing the remaining portions of the act.
APPROVED by Governor May 30, 2001 PORTIONS
EFFECTIVE May 30, 2001, July 1, 2001
S.B. 01-95 Offender services fund - probation administrative and personnel costs - appropriation. Authorizes the general assembly to make annual appropriations from the offender services fund for administrative and personnel costs for adult and juvenile probation services as well as for adjunct adult and juvenile probation services in the judicial department.
Appropriates $1,432,923 and 30.0 FTE to the judicial department for the implementation of the act.
APPROVED by Governor May 18, 2001
EFFECTIVE May 18, 2001
S.B. 01-99 Offenses involving fraud - trademark counterfeiting. Declares that counterfeit and substandard or untested copies of legitimate products such as toys, medicines, and vehicle parts pose a serious and growing threat to the public and that existing law does not sufficiently deter the production and sale of such products to unsuspecting consumers. Criminalizes the unauthorized use of a trademark, trade name, logo, or other recognized indication of source in connection with the sale of goods or services. Punishes a first or less serious offense as a class 2 misdemeanor and a subsequent or more serious offense as a class 1 misdemeanor.
Adds trademark counterfeiting tools and devices to the existing list of forgery devices. Includes trademark counterfeiting as a predicate act under racketeering laws.
APPROVED by Governor June 1, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
S.B. 01-104 Death penalty - mental competency to be executed - procedures. Prohibits a person who is sentenced to death from being executed so long as the person, because of a mental disease or defect, is unaware that he or she is to be punished for the crime of murder or that the impending punishment for that crime is death. Establishes a presumption that a convicted person who is sentenced to death is mentally competent to be executed, unless a party shows by clear and convincing evidence that the convicted person is mentally incompetent to be executed.
Establishes protocols and procedures by which the issue of mental competency to be executed may be raised on behalf of a person convicted of a class 1 felony and sentenced to death. Specifies:
Establishes specific procedures applicable when the motion is filed within 30 days prior to a scheduled execution. Prohibits successive motions, except in specified circumstances.
APPROVED by Governor April 19, 2001
EFFECTIVE April 19, 2001
S.B. 01-117 Sexual offenders - sex offender management board. Continues the sex offender management board (the board) until July 1, 2010.
Encourages equal representation, to the extent possible, of urban and rural members on the board. Requires the board to report to the general assembly no later than December 1, 2003, regarding an evaluation of the containment of sex offenders and other policies of the board.
APPROVED by Governor March 28, 2001
EFFECTIVE March 28, 2001
S.B. 01-210 Failure to register as a sex offender - penalty - appropriations. For any adult sex offender convicted of or adjudicated for a felony sex offense, increases the penalty for the first offense of failure to register as a sex offender from a class 2 misdemeanor to a class 6 felony and increases the penalty for any second or subsequent offense from a class 6 felony to a class 5 felony. Requires said sex offender, if sentenced to probation, to participate in the intensive supervision probation program for sex offenders or, if sentenced to incarceration and subsequently released on parole, to participate in the intensive supervision parole program for sex offenders.
For any adult sex offender convicted of or adjudicated for a misdemeanor sex offense, raises the penalty for the offense of failure to register as a sex offender to a class 1 misdemeanor. Identifies misdemeanor failure to register as a sex offender as a misdemeanor that presents an extraordinary risk of harm to society.
For any juvenile adjudicated for felony failure to register as a sex offender, clarifies that the penalty for a first offense is a 45-day mandatory detention sentence and the penalty for any second or subsequent offense is one year out-of-home placement or commitment. For any juvenile adjudicated for misdemeanor failure to register as a sex offender, makes the penalty for a first offense a 30-day mandatory detention sentence and makes the penalty for any second or subsequent offense a mandatory 45-day detention sentence.
Makes a 5-year statutory appropriation for implementation of the act as follows: For the 2001-02 fiscal year, appropriates $466,008 from the capital construction fund to the corrections expansion reserve fund; and for fiscal year 2002-03 through 2005-06, makes annual appropriations of $176,013 to the department of corrections. Appropriates, from the offender services fund, $36,060 and 0.5 FTE to the sex offender intensive supervision program in the judicial department for implementation of the act.
APPROVED by Governor May 29, 2001
EFFECTIVE May 29, 2001
H.B. 01-1069 Animal cruelty - impoundment - bonding requirements - forfeiture. Extends the bonding requirements for the impoundment of animals to the owner or custodian of an animal that has been impounded because of investigation of charges of animal fighting. Allows the court, upon its own motion or the motion of the prosecuting attorney, after the defendant's conviction for cruelty to animals or for animal fighting, to order the forfeiture of an animal under certain circumstances.
APPROVED by Governor March 20, 2001
EFFECTIVE July 1, 2001
H.B. 01-1114 Law enforcement - traffic stops - profiling prohibited - policies - training - public information - repeal - appropriation. Requires the Colorado state patrol and law enforcement agencies serving the city and county of Denver to collect specified information regarding traffic stops, but generally exempts roadblocks. Requires those agencies to annually compile the information and make it available to the public. Repeals these requirements, effective January 1, 2004.
Prohibits profiling by any peace officer certified by the peace officers standards and training board ("P.O.S.T. board"). Requires all certified peace officers to provide business cards to persons detained at traffic stops who are not cited or arrested, but exempts undercover operations. Directs each law enforcement agency in the state to annually compile any complaints received due to distribution of the business cards. Directs each agency to make the information public, without revealing the identities of the officers or the detainees, and allows the agency to specify the cost of reporting the information.
Requires P.O.S.T. board training curriculum to include practices that prevent profiling. Directs all law enforcement agencies in the state, within 6 months after the effective date of the act, to have policies and training in place to address profiling. Requires each peace officer to have such training and requires the agencies to make their policies regarding profiling the public.
Appropriates $21,448 to the department of public safety to implement the act.
APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001
H.B. 01-1117 Juvenile sex offenders - treatment - facilities. Requires any governmental entity to seek the advice of the sex offender management board if it is constructing, operating, or contracting for any facility for the housing, care, and treatment of juvenile sex offenders or implementing new treatment modalities prior to July 1, 2002, or prior to the development and implementation of guidelines and standards for juvenile sex offender treatment.
APPROVED by Governor March 11, 2001
EFFECTIVE March 11, 2001
H.B. 01-1118 Aggravated motor vehicle theft - aggravating factors - property damage. Clarifies that the aggravating factor for first degree aggravated motor vehicle theft involving property damage of $500 or more includes damage to the motor vehicle.
APPROVED by Governor March 12, 2001
EFFECTIVE August 8, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 01-1130 DNA testing - felons in custody of department of corrections - appropriations. Beginning March 31, 2002, expands DNA testing to all felons sentenced to the custody of the department of corrections. Expands previous testing requirements from only those convicted of certain offenses to include those who plead guilty to those offenses. Requires DNA testing of all offenders released from prison after July 1, 2001, who are not placed on parole.
Appropriates to the department of corrections from the general fund $15,921 for implementation of the act. Appropriates to the department of public safety, Colorado bureau of investigation, from the general fund $94,008 for implementation of the act. Recognizes the department of public safety will receive $192,625 in federal funds for implementation of the act.
Section 8 provides that the act shall take effect only if the fiscal estimate for Senate Bill 01-077 is equal to or greater than the final fiscal estimate for this act and becomes law.
APPROVED by Governor June 5, 2001 PORTIONS
EFFECTIVE July 1, 2001, March 31, 2002
NOTE: Senate Bill 01-077 was signed by the Governor May 30, 2001, and the fiscal estimate shows sufficient
general fund savings.
H.B. 01-1155 Sex offenders - Internet posting - request for information on registered offenders - appropriation. Adds the following persons to the list of persons convicted of unlawful sexual behavior whose identifying information and picture are required to be posted on the Internet:
For sex offenders who fail to register, requires the Colorado bureau of investigation ("CBI") to notify local law enforcement of the failure and to post the sex offender's information on the Internet after receiving written confirmation of the failure to register from the local law enforcement agency. Allows the department of corrections to obtain a recent photograph or image of the sex offender prior to the sex offender's release.
Authorizes a sex offender whose information and picture are required to be posted on the Internet to petition the court to remove his or her information and picture on the same schedule that the sex offender may petition for release from the registration requirement. Also, authorizes a sex offender whose information and picture were required to be posted only because of a failure to register to petition a court to remove his or her information and picture after the sex offender has been in compliance with the registration requirements for a period of one year.
Directs a local law enforcement agency to request on behalf of a person residing within the local law enforcement agency's jurisdiction information from the CBI on registered sex offenders residing within the boundaries of another law enforcement agency contiguous to the agency's boundaries. Authorizes a local law enforcement agency to request information on behalf of a person residing within the local law enforcement agency's jurisdiction information concerning other registered sex offenders when necessary for public protection.
Directs the CBI to mail the requested information to the person making the request requested or allows the local law enforcement agency to have the CBI forward the information back to the law enforcement agency, which may release such information to the person making the request. Specifies that the information include at least the registered sex offender's name, address, and aliases and that it not include information about victims.
Appropriates $138,200 and 2.6 FTE, which is from savings due to the passage of Senate Bill No. 01-077, to the department of public safety, Colorado bureau of investigation, for implementation of the act.
APPROVED by Governor June 5, 2001
EFFECTIVE June 5, 2001
NOTE: Senate Bill 01-077 was signed by the Governor May 30, 2001, and the fiscal estimate shows sufficient
general fund savings.
H.B. 01-1187 Procedural changes in criminal laws - admissibility of similar transactions evidence in domestic violence cases - application of statutes of limitation - coroners' records. Expands the admissibility of evidence of similar transactions in domestic violence cases. Extends the application of the statute of limitations for criminal prosecutions to juvenile delinquency proceedings. Extends the limitation for collateral attack upon previous criminal convictions to juvenile delinquency adjudications. Requires a coroner on request to release to the district attorney or attorney general any autopsy report or medical information relevant to the coroner's inquest or investigation. Prohibits a coroner from releasing certain records obtained during an inquest or investigation. Specifies that a coroner who possesses relevant medical records obtained during an inquest or investigation and any district attorney or attorney general who receives a copy of such records has proper authorization to possess such records under the statute concerning theft of medical records.
APPROVED by Governor May 31, 2001
EFFECTIVE July 1, 2001
H.B. 01-1204 Sentencing - presumptive penalty - offenses against pregnant women - appropriation. For any defendant who is convicted of a homicide or assault offense against a pregnant woman who the defendant knows or reasonably should know is pregnant, requires the judge, if he or she sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint, but not more than twice the maximum, of the presumptive range authorized for the offense committed.
For any defendant who is convicted of a misdemeanor third degree assault against a pregnant woman who the defendant knows or should have known is pregnant, requires the judge, after making findings on the record, to sentence the defendant to at least six months imprisonment, but not longer than the maximum sentence authorized for the offense committed.
Makes a statutory appropriation for the implementation of the act as follows: For the fiscal year beginning July 1, 2003, appropriates $26,629 from the capital construction fund to the corrections expansion reserve fund; for the fiscal year beginning July 1, 2004 appropriates $10,058 from the general fund to the department of corrections; for the fiscal year July 1, 2005, appropriates $7,215 from the general fund to the department of corrections.
APPROVED by Governor June 5, 2001
EFFECTIVE July 1, 2001
H.B. 01-1221 Theft detection devices - illegal acts - immunity for detention and questioning of persons. Makes it a class 1 misdemeanor to sell or possess, manufacture, distribute a theft detection shielding device or a theft detection deactivation device under certain circumstances. Makes it a class 1 misdemeanor to deactivate or remove a theft detection device under certain circumstances. Provides immunity for the detention and questioning of persons who trigger theft detection device alarms under certain circumstances.
APPROVED by Governor May 18, 2001
EFFECTIVE July 1, 2001
H.B. 01-1229 Sex offenders - lifetime registration - intensive supervision probation - sexually violent predator - counseling or treatment - appropriation. Requires an offender convicted as an adult of sexual assault, first or second degree sexual assault as they existed prior to July 1, 2000, sexual assault on a child, sexual assault on a child by one in a position of trust, sexual assault on a client by a psychotherapist, incest, or aggravated incest to register quarterly as a sex offender for the remainder of the offender's life. Sets forth the registration procedure. Changes the permissive condition of an intensive supervision probation program to a requirement, and subjects those convicted of specified offenses involving unlawful sexual behavior and sentenced to probation to an intensive supervision probation program. Charges the probation department, in coordination with the evaluator completing the mental health sex offense specific evaluation, to complete the sexually violent predator risk assessment.
Eliminates the court's option of making a specific finding that treatment with another facility or person, other than those specified by statute, is warranted in connection with a sex offender's probation or alcohol and drug treatment. Eliminates the state board of parole's option to determine that treatment with another facility or person, other than those specified by statute, is warranted as a condition of parole for a sex offender.
Appropriates $358,497 from the offender services fund to the division of probation and related services in the judicial department for the sex offender intensive supervision program.
APPROVED by Governor May 30, 2001
EFFECTIVE May 30, 2001
H.B. 01-1242 Mailing of explosive device - kidnapping - schedule I controlled substances - criminality of conduct dependent on age - elimination right to trial by jury for certain county ordinance violations - appropriations. Makes it a class 4 felony to manufacture, give, mail, send, or cause to be sent an explosive or incendiary device. Clarifies the crime of second degree kidnapping.
Adds gamma hydroxybutyrate (GHB) as a schedule I controlled substance. Adds to the list of schedule I controlled substances analogs of a controlled substance if the chemical structure of the substance is substantially similar to a schedule I controlled substance or if the substance is designed to produce an effect similar to or greater than a schedule I controlled substance.
Clarifies that, where the criminality of conduct depends on a child being younger than 18 years of age and the child is actually younger than 15 years of age, there is no defense that the defendant believed the child was at least 18 years of age. Eliminates the right to trial by jury for county ordinance violations that are neither criminal nor punishable by imprisonment.
Makes a 5-year statutory appropriation for implementation of the act as follows: For fiscal year 2001-02, appropriates $277,868 from the capital construction fund to the corrections expansion reserve fund; for fiscal year 2002-03, appropriates $138,934 from the capital construction fund to the corrections expansion reserve fund and appropriates $106,756 in general fund moneys to the department of corrections; for fiscal year 2003-04, appropriates $138,934 from the capital construction fund to the corrections expansion reserve fund and appropriates $160,134 in general fund moneys to the department of corrections; for fiscal year 2004-05, appropriates $79,887 from the capital construction fund to the corrections expansion reserve fund and appropriates $213,512 in general fund moneys to the department of corrections; for fiscal year 2005-06, appropriates $244,204 in general fund moneys to the department of corrections.
APPROVED by Governor June 1, 2001
EFFECTIVE July 1, 2001
H.B. 01-1269 Criminal street gang recruitment - penalty. Criminalizes gang recruitment of an individual younger than 18 years of age by an individual 18 years of age or older. Criminalizes the prevention of an individual younger than 18 years of age from leaving a gang by an individual 18 years of age or older. Makes the crime a class 1 misdemeanor.
APPROVED by Governor June 5, 2001
EFFECTIVE March 1, 2002
H.B. 01-1286 Child abuse - faith healing. Repeals the faith healing exception to the crime of child abuse.
APPROVED by Governor April 16, 2001
EFFECTIVE July 1, 2001
H.B. 01-1323 Allowable costs assessed against defendants. Adds to the list of costs that may be assessed against a person convicted of a crime:
APPROVED by Governor March 28, 2001
EFFECTIVE July 1, 2001
H.B. 01-1344 Criminal prosecutions - commencement - no limitation for certain sex crimes - appropriations. Under certain circumstances, removes the 10-year limitation period and imposes no time limit on the institution of criminal prosecutions for most sexual assault crimes, aggravated incest, and related inchoate offenses. Specifies that the change to the statute of limitations for said crimes applies to offenses committed after July 1, 1991.
Makes a 5-year statutory appropriation as follows: For fiscal year 2001-02, appropriates $69,467 from the capital construction fund to the corrections expansion reserve fund for implementation of the act; for fiscal years 2002-03 through 2005-06, makes annual appropriations of $26,689 to the department of corrections for implementation of the act.
APPROVED by Governor June 5, 2001
EFFECTIVE July 1, 2001
H.B. 01-1371 Medical use of marijuana - unlawful acts - penalty - department of public health and environment - implementation of medical marijuana program - medical marijuana program cash fund. Acknowledges that section 14 of article XVIII of the state constitution ("constitutional provision") was approved by voters at the 2000 general election. Explains that, under certain circumstances, the constitutional provision authorizes the medical use of marijuana by persons diagnosed with debilitating medical conditions, and requires a state health agency designated by the governor to administer a program for use. Identifies the department of public health and environment ("department") as the designated state health agency. Requires the department, in conjunction with the administration of the medical marijuana program, to administer a confidential registry of qualified patients who are issued identification cards and authorized to engage in the medical use of marijuana.
Recognizes that the constitutional provision requires the general assembly to determine and enact criminal penalties for specific acts described in such provision. Criminalizes certain acts concerning the procurement, use, theft, and production of a marijuana registry identification card. Makes it a crime to publicize any confidential record contained in the department's marijuana registry.
Authorizes the department to promulgate rules for administration of the medical marijuana program. Creates the medical marijuana program cash fund ("fund"). Requires that all registry application fees collected be credited to the fund, and be used to offset the direct and indirect costs of administering the medical marijuana program.
Clarifies that the medical use of marijuana shall not constitute a defense to any charge of driving under the influence or driving while impaired.
APPROVED by Governor April 27, 2001
EFFECTIVE April 27, 2001
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